WebStarts Terms & Conditions

Effective Date: August 1, 2007

A Violation of any of the below Terms
of Service will result in action by Webstarts
up to and possibly including the termination
of your account, with or without warning.

Webstarts is a private service which provides
free site building tools and free web hosting.
We offer our free members up to 10MB of web
space, and many site building, editing, and
promotion tools. Webstarts reserves the right
to cancel any account for any reason or no
reason at all. Webstarts provides web hosting
to any site that abides to our terms and conditions.
Webstarts reserves the right to change the
terms and conditions at any time. Webstarts
users are entirely liable for all activities
conducted through your account.

Offensive
and indecent directory names are not allowed
and will be blocked.

Webstarts
is not responsible for the content of any
member homepages. We reserve the right to
remove any homepages that are in violation
of our terms and conditions. Members will
be held legally responsible for the contents
of the web pages they create including but not limited
to use of copyrighted material without the
permission of the author or posting material
considered indecent for minors. The use
of Webstarts for illegal purposes is strictly
forbidden and any website found to be or
believed to be, in Webstarts sole discretion,
violating the law may be removed without
notice. Webstarts membership will be revoked
if any of the following activities occur:

Adult or Pornographic related

Hate, Bigotry, and/or Intolerance

Warez or Software Piracy related

Music Piracy Related

Hacking Related

Making available copyrighted software
which has been "cracked" (e.g.,
copyright protection for the software
has been removed)

Making available serial numbers for
software which can be used to illegally
validate or register software.

Making available tools which can be
used for no purpose other than "cracking"
software.

Spamming to promote your website

Anything related to illegal activity

We
do not allow any type of programs, software,
or MP3 files on our server unless you
are the full owner and have all rights
to the file. This includes files with
the following extensions: our server .rar,
.arj, .tar, .mp3 or .exe. Copyrighted
files not belonging to users posting those
files may be deleted without notice!

You and any person who has access to your
account must evaluate, and bear the risk
associated with, the accuracy, completeness
or usefulness of any Content. Webstarts
reserves the right to remove Content which
is deemed in Webstarts sole discretion harmful,
offensive, or otherwise in violation of
the Rules or any rules or policies Webstarts
has in place at the time.

You or Webstarts may terminate your Account
at any time for any reason. However, THE PURCHASES OF ANY WEBSTARTS PRODUCTS ARE NON-REFUNDABLE. Even if you are no longer using the service, you may not request a refund of the total or partial amount of your membership. Webstarts provides you with the ability to create a completely free account that never expires. It is this account that allows you to test out the service and determine if Webstarts is going to work for you. Once you complete your purchase, you have aknowledged that it is in fact going to work for you. As a reminder to help you identify the charge, it will appear as "Webstarts" on your next credit card statement.

You agree to pay or have paid all fees and charges incurred in connection with the service (including any applicable taxes). All fees and charges are non-refundable. We may change the fees and charges in effect for using the service and may conduct changes on the site from time to time. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

For customers who choose to be placed on autopay: Renewal invoices are generated 30 days prior to your anniversarry date in order to secure your domain name in time and avoid cancellation.

THE WEBSTARTS SERVICE IS PROVIDED TO YOU
“AS IS” AND “AS AVAILABLE”
WITH NO WARRANTY. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WEBSTARTS DISCLAIMS ALL
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, THE IMPLIED CONDITION
OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE
OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF
YOU RELY ON ANY INFORMATION OR CONTENT ON
THE SERVICE, YOU DO SO SOLELY AT YOUR OWN
RISK.

Webstarts will not be liable for any of
its services. We have the right to cancel
our service at any time, and we will not
be liable for any files that are lost and/or
corrupted which may occur (including, for
example, from a system crash, security breach,
or hard disk failure). To the full extent
permissible under the applicable law, Webstarts
shall not be liable for any direct, indirect,
incidental, special or consequential damages
resulting from the use or inability to use
Webstarts services. You agree, at your own
expense, to indemnify, defend and hold harmless
Webstarts and its affiliates, officers,
directors, employees, consultants, agents,
suppliers and licensors from and against
any and all third party claims, liability,
damages, losses and/or costs (including
but not limited to reasonable attorneys’
fees) arising from or relating to: (a) your
failure to comply with these terms of use;
(b) your infringement or violation of any
intellectual property or other right of
a third party; or (c) your violation of
any applicable law.

All templates offered by Webstarts are copyrighted
material. Such templates are offered for
use to Webstarts users under license only,
and are not offered for sale or unbridled
use. Such license limits use of Webstarts
templates to sites hosted by Webstarts.com.
Webstarts templates may not be transferred
to or hosted on another web host or Internet
Service Provider.

These terms of use shall be governed by
and construed in accordance with the laws
of the State of Florida. Both parties submit
to the personal jurisdiction in Florida.
These Terms of Use constitute the entire
agreement between you and Webstarts with
respect to the Service. You acknowledge
and agree that you have read and understand
the provisions of these terms of use. By
using this site, you consent to the terms
of use described herein, including any updates.
Webstarts reserves the right to vary these
terms of use from time to time and will
update the “Effective Date”
section above when such changes are made.

Abuse
Policies

Internet Safety

Webstarts is dedicated to the millions of
users who create or are affected by sites
created using our services. The internet is
a vast ocean of information that can be used
to express ideas, interests, experiences,
feelings and thoughts.

Webstarts
is a powerful tool enabling our users to easily
express these things. It is our goal to make
this experience as enjoyable as possible in
a clean and respectful environment. We hope
that some of these resources will be found
useful to you.

Copyright Violations

Webstarts respects the intellectual property
of others, and we ask that subscribers of
our services do the same. In connection with
our services, Webstarts has adopted and implemented
a policy respecting copyright law that provides
for the termination, in appropriate circumstances,
of subscribers of Webstarts’ online
services who are repeat infringers of intellectual
property rights, including copyrights.

If
you believe that one of our subscribers is,
through the use of our services, unlawfully
infringing the copyright(s) in a work, and
wish to have the allegedly infringing material
removed from a Webstarts-supported web site,
the following information in the form of a
written notification (pursuant to 17 U.S.C.
§ 512(c)) must be provided to Webstarts’
designated Copyright Agent:

Identification
of the copyrighted work(s) that you claim
to have been infringed;

Identification
of where the infringing material is located
on a web site supported by Webstarts;

A statement that you have a good faith
belief that use of the objectionable material
is not authorized by the copyright owner,
its agent, or under the law;

A statement that the information in the
notification is accurate, and that under
penalty of perjury, you are either the owner
of the copyright that has allegedly been
infringed or that you are authorized to
act on behalf of the copyright owner;

Your address, telephone number, and e-mail
address; and

Your physical or electronic signature.

Please
note that pursuant to 17 U.S.C. § 512(f),
any misrepresentation of material fact (falsities)
in a written notification automatically subjects
the complaining party to liability for any
damages, costs and attorney’s fees incurred
by Webstarts in connection with the written
notification and allegation of copyright infringement.

Trademark Violations

If you find a site hosted by Webstarts which
is in violation of trademark(s) held by yourself,
company, or organization, please make sure
that you have the following information to
submit to Webstarts:

Defamation,
Privacy and Youth

As
one of the largest Web Hosting companies in
the world, with hundreds of thousands of sites and and
thousands more created daily, we are unable
to catch all violations as sites are created.
Our sites are also edited 24 hours a day and
seven days a week, internationally, which
makes the task of preventing inappropriate
use of our services impossible as the content
is being created.

With
this many users, we take great pride in allowing
these users to express their interests and
communicate with others in a positive environment.
We understand that many users also use our
services for negative purposes, such as defamation
of character in the form of libel. We are
also aware that many users post information
or images of others without the consent of
the individuals.

Webstarts
is aware that the person that has created
an inappropriate site can do so again, either
with our services or using one of the many
other services on the web, should we simply
delete the site. It is for this reason that
we take the approach of confronting the problem
in hopes of nurturing a positive reaction
from the violator.

Webstarts Civil Subpoena Policy

Webstarts Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Webstarts or one of its affiliates.

If you seek the identity or account information of a Webstarts customer in connection with a civil legal matter, you must fax, mail, or serve Webstarts with a valid subpoena.

Submission of Subpoenas

Webstarts is headquartered in Brandon, Florida and all civil subpoenas should be served at that location or mailed to:

Upon the receipt of a valid civil subpoena, Webstarts will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Webstarts will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Webstarts reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Webstarts.

Fees for Subpoena Compliance

Webstarts will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Webstarts invoice. Checks should be made out to Webstarts LLC.

Webstarts will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Webstarts' e-mail servers do not retain deleted or sent e-mail.

Webstarts reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Webstarts e-mail address is related to the pending litigation and the underlying subpoena.

If
you are a parent and are concerned about a
site created by your child, please be informed
that your child has full access to the account
and can delete both content or the entire
site at any time. Due to the many
false complaints we receive, we do not freeze
or delete a site unless we find a violation
of our Terms-of-Service. Also, if your child
has come across a Webstarts site which you
find inappropriate, please inform us of this,
but be aware that they most likely found this
site after having been given the address from
a friend. It might better suit your purposes
to address the situation offline as well as
reporting it to us.

If
you find a site hosted by Webstarts which
is defaming your character, someone you know,
your company, or organization, please make
sure that you have the following information
to submit to Webstarts.

The site address in violation

The name of the page(s) that contains
the content in question

The specific location of the violation

Method of violation (image or text)

Adult
or Inappropriate Content

Webstarts
treats all abuse violations on a case by case
basis. Violations which fall into this category
sometimes cannot be determined by expressing
a definition, but there are some guidelines
which can be used to determine if the content
on a site is in violation of our Terms-of-Service.

Please review the following guidelines:

Adult images are any nude images of the
human or humanoid form which depict the
nude body in a manner other than in the
classical style (i.e. the Statue of David,
Venus de Milo, Da Vinci Man Figure, etc).
Contemporary nude "art" is considered
adult content and is in violation of our
Term-of-Service.

Artistic nudes in the classical style
must be content specific. If such an image
is used, it must fall in line with the theme
of the site. Alterations of the work for
any purpose will be considered a violation
of our Terms-of-Service.

Any text which describes, refers to, or
alludes to services, stories, or products
of an adult or sexual nature is a violation
of our terms.

Other
inappropriate content includes:

Graphically violent images not specific
to the context of the site

Graphically violent content that is not
computer generated for gaming purposes

Hate speech directed toward an individual
or group of people based on sex, color,
creed, practices, or orientation

Content depicting or referring to the
harm of others, animals, or property

Content depicting violent behavior toward
others or oneself

Hacking
Related Content

There are several definitions which can be
applied to hacking related content. Please
review the following to better understand
the issue and what constitutes hacking related
content.

Unauthorized
use, or attempts to circumvent or bypass
the security mechanisms of an information
system or network.

Means unauthorized access to a computer,
its files and programs.

Use, create, or distribution or tools
or programs intended to alter or enhance
the experience of a game or program opposed
to the intended use or function of that
game or program.

>Webstarts
does not allow any program to be hosted on
an account which is in violation of copyrights
of the creator of the game or program to which
the hack is intended. Distribution of legal
hacks which may be distributed by the creator
of a game or program cannot be hosted without
express permission from the copyright holder.

If
you find a site hosted by Webstarts which
is using or distributing content in violation
of the above definitions, please make sure
that you have the following information to
submit to Webstarts.

The site address in violation

The name of the page(s) that contains
the content in question

The specific location of the violation

Method of violation (distribution, tutorial)

Spam
Violations

Although Webstarts is not an email service
provider, we are aware of the growing problem
that spam has become on the internet. We are
strictly against all spam activity, including
mass Emailing, multiple Emailing, multiple
posts or mass posting into forums, and flooding
of forums or chatrooms with the intent of
promoting a site.

To better understand how to define spam, or
to report spam activity, please refer to these
third-party links:

SpamCop.net
SpamAbuse.net
JunkEmail.org
CAUCE

For Webstarts to take the proper steps to
monitor the spamming activity of our users,
we require proper verification of this activity.
For proper verification, please report the
activity to one of the above sites, and to
the Email Service provider from which the
spam is coming. First time violators will
be warned of the activity. Repeat verified
violators will have their sites removed from
our system.